Patna High Court
Manoj Sahni @ Manoj Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the recovery of illicit liquor was not made from the petitioner's conscious possession, anticipatory bail was warranted.
Summary
Manoj Sahni was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 129 litres seized from two motorcycles. He contended that he neither owned nor drove the vehicles and that the liquor was not in his conscious possession, arguing that the case was based solely on a villager's disclosure. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the facts, noting the lack of direct possession by the petitioner, and considered his prior criminal case on bail. Consequently, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on compliance with the Special Judge's satisfaction.
Issues considered
- Whether anticipatory bail should be granted when the accused is not in conscious possession of the seized illicit liquor.
- Whether the allegation based solely on a villager's disclosure suffices to deny bail.
- Whether the petitioner's prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- illicit liquor
- possession
- IPC
- Bihar Prohibition Act
- CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43023 of 2026
Arising Out of PS. Case No.-66 Year-2024 Thana- BASOPATTI District- Madhubani
======================================================
Manoj Sahni @ Manoj Kumar Sahni S/o Charitra Sahni @ Chalitra Sahni
Resident of Village - Kodarkatta, Bundelkhand, P.s.- Basopatti, Distt.-
Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Basopatti P.S.
Case No.66 of 2024 registered under Sections 272, 273 and
34 of IPC and under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 129 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.43023 of 2026(2) dt.02-07-2026
2/3
made from two motorcycles, which was involved in carrying
illegal consignment of liquor. It is also submitted that the
name of petitioner arrayed solely on the disclosure made by
the local villager. It is further argued by the petitioner that
petitioner is neither the owner of the said vehicle nor the
petitioner was the driver of the said vehicle. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. Explaining criminal
antecedent, it is submitted that petitioner found involved in
one criminal case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.43023 of 2026(2) dt.02-07-2026
3/3
satisfaction of the learned Exclusive Special Judge Excise
Act, Madhubani, in connection with Basopatti P.S. Case
No.66 of 2024, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.